The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-06
a Review OF the Charter of
the Church.
A LITTLE ANCIENT HISTORY.

The Question TO Come Up Again
Ionday Evening" at O'Clock
The Demurrer.
The announcement that the decision
in the case OF the United States vs.. the
Church OF Jesus Christ of Latter-day
Saints and others On the question of the
appointment of a receiver, would be
delivered at o'clock last evening, had
the effect of drawing out quite large
attendance of spectators. Inside the bar
were Colonel Broadhead ana Mr.. Rich
ards, OF counsel for the defendants
Judge Dusenberry, j. l.. Rawlins, w.
H. Dickson, Judge Snow, Mr.. Kirk
patrick, P. L.. Williams. Alderman
Patrick, Mayor Dusenberry. Arthur
Brown, David Evans, David Mckenzie,
Judge Earl, of Wichita, Kansas, E. B.
Critchlow, John Nicholson, Mayor Arm
strong, S. A. Kenner, Phil. Margetts,
John R. Winder, commissioner
Mckay, Judge Smith and others. 1t
was nearly 80 when the three
judges entered, and after the regular
routine business had been disposed Of,
there was the utmost silence III the
court room, as Judge Zane adjusted his
glasses, cleansed his throat and COM
menced TO read the following opinion
ana the silence was scarcely unbroken
until the end:
III The Supreme Cour. Of the Territory Of
Utah, J'sps term, 1887.
United States Of America,
Plaintiff.
The Church Of Jesus Christ OF
Latter-day Saints ct ai.,
DefendaGts..J
Zane, C.J.
The complainant Sled n this court
its bill IN chaceery under an Act OF
Congress in force March 81, 1887. The
bill prayed that a decree b made by
this court forfeitiHg the charter and
dissolviDg tn corporation known as
the Church of Jesus Christ OF Latter
day Saints, as well as for the appoint
ment of q receiver OF the assets of the
corporation, until disposition could be
made thereof according 10 lazy and for
other relief. The motion for the ap-
pOintment of receiver is now sub
mitted for our decision, on the Dill ana
the facts as stated IL q stipulation
entered into by tbs parties and filed IL
the case.
On the 8th day of February, 1851, the
Assembly Of the so-calied State of
Deseret, afterwards organized as the
Territory of Utah, passed an ordinance
Incorporating the Church of Jesus
Christ of Ilatter-day Saints. After the
organization of the Territory of Utah.
this ordinance was re-enacted January
10Th, 1855, by the Legislature and ap-
proved by the Governor Of the Terri
tory. This is the charter IN question;
its terms are as follows:
An ordinance incorporating the Church OF
Jesus Christ of Latter-day Saints
SEC. Be 1t ordained By the General As
Sembly Of the State OF DeSeret: That all that
portion of the inhabitants of SAID State, Whic
now are, or here sfteT may become residents
therein, and which are known and distin-
guiShed as tile Church of Jesus Christ Of
Ldtter-0tQV Saints are hereby INCORPORATED,
constituted, made and declared bady cor
porste, with perpetual succession, under the
original name ana style of The Church OF
Jesus Christ of Latter-d4y SAINTS" as now
organized, with full pOlUer and authority to
sac and be sued; defend and be defended, in
all courts OF law or equity in this State; to
stablish, order, and regulate worship; and
hold and occupy real and personal estate, and
have and use seal, which they may alter at
pleasure.
SEC q and be it further ordained that
SAID body or church as a religious society,
may, at a general or special conference elect
one trustee in trust" and not to exceed
twelve assistant trustees, to receive, hold,
bug, sell, manage, use and cOnlTOL the real and
personal property OF said church. which
said property shall be free from tQCGtiOn;
which trustee and assistant trustees, when
elected or appointed. shall give bonds with
approved security, in whatever sum he aid
comic renee may deem sufficient, for the
faithful performance of their several duties;
which said bonds, when approved, shall be
filed in the general church recorders office,
at the seat of general church business, when
said bonds are approved DY said conference;
and said trustee and assistant trustees shall
continue in Office during the pleasure OF
said church; and there shall also be made, by
the clerk of the conference of said church, q
certificate OF such election or appointment
of said trustee and assistant trustees, which
shall be recorded in the general church re-
cOrder's office, at the seat OF general church
business; aud when said bonds are fled, and
said certificates recorded. said trustee or
assistant trustees may receive property. TeG
or personal, by gift, donation, requests, or in
any manner, not incompatible with the
principles of Righteousness, or the rules of jus
tice; inasmuch as the same all be used,
managed, or disposed of for The benefit; i'm
erection of houses for public 1Cor-
ship and instruction, and the t0elt-betng of
said church
SEC. 8-And be it further ordained:
That as said church holds the constitutional
and original right. in common " it'll ali civil
and religious communities, Ito worship
God according to the dictates Of con-
sc euce;' TO reverence communion agree
ably to the principles of truth, and to s0leH,-
nize marriage compatible NTH the revelations
of Jesus Christ; for the security and full en-
joyment of all blessings and privileges en-
bodied in the religion OfJesUS Christ free to all
it is also declared thst said church does and
shall possess and enjoyeoDtinualy the power
and authority, in and of itself, 10 originate,
make, pass and establish rules. regulations
ordinances, ldlCS, customs aud criteriOnS. for
the good order, sa ely. gOuerameat, convent
ence, Comfort and control of said chuch and
Tor the punishment or forgiveness of all
offense7 relative 10 fellowship, according to
church covenants; that the pursuit OF bliss
and the enjoyment OF lie in every capacity of
public association anu domestic happiness,
temporal expansion or Sp ritual increase upon
the earth nldU not lSddttV be questioned: Pro